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MHCC020039742022
IN THE COURT OF SESSION FOR GREATER BOMBAY
BAIL APPLICATION NO.692 OF 2022
1. Amol Atmaram Shinde
aged 30 years,
Residing at PMGP Colony
Bldg No.24,Room No.705,
Mankhurd,Mumbai 400 043
2. Sunil Dagadu Pagare
age 36 years,
Residing at Bhairav Chawl,A 16,
P.M.G.P.Colony, Opposite to
Building No.24, Mumbai.
3. Nitin Shravan Kadam
age 26 years,
Residing at 51, Room No.308,
P.M.G.P.Colony, Mankhurd,
Mumbai.
….Applicants/accused
V/s
The State of Maharashtra
through Colaba Police
Station in C.R.No.373 of 2021
… Respondent.
Ld.Counsel Arun K.Rajput for applicants.
Ld.APP Erande for State.
CORAM:
HIS HONOUR ADDITIONAL SESSIONS JUDGE
SHRI.MILIND A. BHOSALE
COURT ROOM NO.27
DATE:
31/03/2022
ORDER
Asstt.Registrar(s) registered FIR in Colaba police station
and alleged that in S.C.No.786/16 bail was granted by the
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Hon’ble H.C. however, the present applicant filed false and
forged documents in the court.
2.
On the basis of report crime was registered and necessary
remand is granted to the applicant and thereafter, they have
preferred bail application before Ld.Metropolitan Magistrate
however, it was rejected on merit.
3.
Ld.Counsel Arun K. Rajput for applicant submitted that,
earlier bail application bearing No.115/22 was filed by present
applicant, however, it was rejected on the ground that
investigation in the present crime is in progress. He further
pointed out that, investigation is present crime is over and
Investigating Officer filed chargesheet against present applicant
in the court of Ld.M.M. He further submitted that, accused are
ready to cooperate for trial. They are resident of Mumbai. They
are ready to obey any condition imposed by the court. Lastly, it
is prayed that they may kindly be released on bail.
4.
Ld.APP Erande for State opposed bail application and
submitted that, earlier bail petition was rejected by this court.
There is no change in circumstance, offence registered against
accused are serious in nature and therefore, they are not entitled
for bail.
5.
After gone through submission on both the sides, I drew
my attention towards record. Earlier bail application bearing
No.115/22 was rejected by this court on the ground that, the
investigation in the present crime is in progress.
However,
Investigating officer informed to the court by way of reply that
investigation in the present crime is over and chargesheet is
filed in the court of Ld.M.M., 8th Court, Esplanade. When charge
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sheet is filed then it should be presumed that investigation in
the present crime is over. If accused involved in the present
crime then trial is the best option to fix the responsibility
however, trial took its own time. In the meantime, I do not find
any reason in reply Exh2 to refuse bail. Hence, I proceed to pass
following order.
ORDER
1.
2.
3.
4.
5.
6.
Bail Application No.692 of 2022 is allowed.
Applicant 1.Amol Atmaram Shinde, 2. Sunil Dagadu
Pagare, 3. Nitin Shravan Kadam be released on furnishing
PR Bond of Rs.50,000/ each with solvent sureties of like
amount.
They shall not leave the local jurisdiction till conclusion of
trial.
They shall submit their detailed address before Ld.M.M.8 th
Court, Esplanade.
Bail before Ld.Metropolitan Magistrate.
Bail Application No.692 of 2022 stands disposed of.
Date : 31/03/2022
(Milind A.Bhosale)
Additional Sessions Judge
City Civil & Sessions Court
Gr.Bombay
Dictated on
:
31/03/2022
HHJ Signed on
:
31/03/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
31/03/2022
5.10pm
UPLOAD DATE AND TIME
(Mrs.P. P. Khanvilkar)
NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
SHRI M.A.BHOSALE
(C.R. No.27)
Date
of
Pronouncement
JUDGMENT/ ORDER
31/03/2022
of
JUDGMENT/ORDER signed by P.O. 31/03/2022
on
JUDGMENT/ORDER uploaded on
31/03/2022